LIBRARY OF CONGRESS 



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SOUTH GAEOLINA. 



Y IIEII WRONGS AND THE REMEDY. 



OF 

COL. RICHARD LATHERS, 

DELIVERED AT THE OPENIKG OF THE 

TAXPAYERS' COJVVENTION 

IN COLUMBIA, S. C, 
Tuesday, Febkuahy ITtii, 1874. 



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Charleston, IS. C. 

The Mews and Courier Job Presses. 

1874' 



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^ ID ID I^ E S S. 



Mr. President: At the meeting of the first Congress of the 
United States, nnder our present Constitution, held in New 
York, 1V89, a series of twelve amendments were proposed to the 
States, ten of which were subsequently adopted. Under the first 
of these amendments, therefore, which insures " the riglit of the 
people peaceably to assemble and to petition the Government for 
a redress of grievances," authorizes us, as American citizens, to 
convene for this purpose ; and surely the most thoughtful of the 
statesmen of that time could not have anticipated a case more 
urgent than our own, or one so fully justifying an earnest appli- 
cation of the privilege. Xo people have ever been called upon 
to solve a political problem such as the people of this State have 
presented to them, A State Government, constituted of the 
highest degree of fraud, sustained by the greatest amount of 
ignorance, and these two factors of corruption and misrule kept 
in power by the whole force of a resistless partisan ascendency, 
in Avhich the National Government itself, under a technichal con- 
struction of its functions, is constrained to tolerate. 

People have been punished for their sins, political and moral, 
their liberties have been forfeited for fancied or real rebellion; 
but no free people have ever, for any crime, been subjected to 
the absolute rule of dishonest strangers and the domination of 
their own slaves. No Commonwealth has ever been so pros- 
trated as to elevate ignorant, unlettered slaves, without the least 
preparation, to perform the delicate duties and functions of law- 
makers, and the free and unrestricted use of the public jjurs*', as 
tlie reward of dishonest adventurers. The future historian of 
this period will have to deal with a philosophy of history more 
original than that of Gibbon, and will search in vain over tlie 
annals of the world for a parallel. 



MEANS OF REDUESS. 



Everything -svlncli we may now propound to ourselves, look- 
ing to measures of relief from this terrible and seemingly reme- 
diless evil, will be received by the most hopeful with misgivings, 
and ought to be urged with modesty. And yet it is the duty ol 
every good citizen not to despair of the rejiublic, but to us(^ 
every element of power which our intelligence shall suggest, to 
solve the problem in a i^eaceable manner, and, failing in that, 
make such new combinations, even outside of the domains of 
})eace, as revolutions present to an oppressed people everywhere, 
and at all times, limited only by that prudent regard for success 
in the justice of our cause, through the sympathy and sup2)ort of 
our fellow-citizens of our own race, now so powerful as a nation, 
and who have not yet become so degraded as to wish the black 
man and his dishonest allies to overthrow the liberties of the 
white men of their own blood and country. Judge Levi Wood- 
bury, of New Hampshire, while delivering an opinion in the 
Supreme Court of the United States, in the IMiode Island contro- 
versy, in 1842, in which he denied the jurisdiction of the Court 
in a mere political controversy, said: "It is asked what redress 
have the people, if wronged in these matters, ixnless by resorting 
to the judiciary ? The answer is, they have the same as in all 
other political matters. In those they go to the ballot boxes, to 
the Legislature, or Executive, for redress of such grievances as 
ai*e within the jurisdiction of each, and for such as are not, to 
Conventions and amendments to the Constitution. And when 
the former fail, and these last are forbidden by statutes, all that 
is left in extreme cases, where the suffering is intolerable and 
the i:)rospect is good of relief by action of the people without 
forms of law, is to do as did Hampden and Washington, and 
venture action, without those forms, and abide the conse- 
quences." 

This grave opinion, under the sanction of the very seat of jus- 
tice, the Court of last resort in our country, plainly tells you that 
the right of revolution, when the ordinary instruments of Gov- 
ernment fail, is an inheritance and a remedy which oppressors 
must be taught to respect, and brave men to exercise. And the 
sooner that this remedy is contemplated, in case a more peaceful 
course fails, the better it will be for our adversaries. 

St. Domingo does not furnish so brilliant a record as to entitle 
the colored man to dominate over the Anglo-Saxon in this coun- 
try, and sooner or later thirty millions of white men will hold 
him to strict accountability for the use of the temporary power 
he now exercises here. As a friend to the colored men of this 
State, who fully concurs in their absolute rights of political 



equality, and appreciate them for their genial and friendly per- 
sonal qualities, I would caution them against the evil training, to 
which their leaders are tending, in fraud and misrule, Avhich, in 
time, will meet with a retribution, when their race will find itself 
in a minority, or when the white race, determining to submit no 
longer to such oppression towards any of their brethren. Tiio 
colored race is on trial in this connection, and I trust and believe 
that, freed from the malign influence of the adventurers Avhich 
lead them, they will escape the fearful examples of the race in St. 
Domingo, by avoiding the errors and oppressions which has kept 
that beautiful island in perpetual anarchy, and which now threat- 
ens our own community with bankruptcy and ruin. Our North- 
ern brethren cannot escape the reflex eft'ect of this degradation. 
These men are represented in Congress, and Congress is the law- 
making power for them, as well as for us. Their educated and 
honest representatives may be in part neutralized by the igno- 
rant and corrupt representatives which such a constituency may 
choose to send to the National Legislature. What becomes of 
the dignity and conservative power of the Senate to protect tlie 
North, when the South becomes the mart for the sale of Senator- 
ships to the highest bidder, without regard to local qualifications, 
ability, or honesty ? Pennsylvania already has virtually three 
Senators in that body by the exercise of its moneyed power in 
this State, and these influences will increase as the Soutli be- 
comes impoverished and corrupted. 

TYRANNY OF A MAJOKITY. 

De Tocqueville anticipated our case when he wrote, nearly lialf 
a century ago: "If the institutions of America are destroyed, 
that event may be attributed to tlie unlimited autliority of tlie 
majority, which may, at some future time, urge the minority to 
desperation, and oblige them to have recourse to physical force. 
Anarchy will then be the result; but it will have been brought 
about by despotism." 

How would he have intensified these remarks could he have 
anticipated the existing state of our political relations. Our 
own Calhoun once wisely remarked: "That nations had rarely 
been disintegrated by civil war, but civil liberty had been often 
sacrificed thereby." But the evils which we suffer under are be- 
ginning to be appreciated at the North, and when a Yankee 
Avakes up to an evil, and his sympathies are aroused, he permits 
no sophistry or abstract theory to stand in the Avay of a promj)! 
and thorough reform in his own interest, and in the interest and 
vindication of his friends, I love that manly feature in their 
character, and it is mainly to this individual earnestness as much 



n,s to their intelligent industry and enterprise we are so largely 
indebted for national power and productive energy. After all, 
tliey love the South. However much as Union men they depre 
cated the unhappy war wliich for a time produced mutual aliena- 
tion, yet they, with true American pride, feel that the South 
maintained its full measure of American gallantry in the field, 
and good faith after the gage of war was against it. The carpet- 
bag governments have long since been held in loathing by North- 
ern men in their own States, and by tliose living amongst us, as 
a vile slander on the section they represent. And the colored 
men, feeling the disgrace, begin freely to propose driving them 
from the State with their ill-gotten gains; but, bad as they are, 
the white native who joins them, to spoil his own oppressed 
people with corruption and fraud, merits a deeper execration. 
We liave every encouragement in our])resent ??on-partisan move- 
ment for the co-operation of all parties, color, and sections to rid 
ourselves of these plunderers. Hitherto they liave screened 
ihemselves and their frauds behind their party lines, but now we 
deal Avith them as thieves iindplu7id&rers, not as partisans; their 
]iarty affiliations will be no protection to their crimes, for every 
lionest Republican, including the President of the United States, 
leading Senators and Congressmen, as well as leading llepubli- 
cans of the North, freely denounce them as making their parti- 
sanship a cloak for their crimes, and desire to see them pun- 
ished, as the best service to the party, as well as a necessity for 
the safety of the best interests of the people. 

XORTIIERN FEELING. 

I have recently spent a couple of weeks at Washington, and 
after interviews with most of the leading men in and out of Con- 
gress there, and a large and varied correspondence with leading- 
men of New England, I have found a unanimous sentiment of 
sympathy for South Carolina, and an earnest desire for the suc- 
cess of this Convention in procuring practical remedies as far as 
Congress can extend them, and the constantly-expressed hope 
that such prompt and efficient measures should be taken through- 
out the State, in the way of the prosecution of the crimes and 
such other persistent measures against the thieves as will bring 
them to punishment, and vindicate the j^ower of honest men to 
deal with fraud when all parties shall concentrate for that pur- 
pose. 

A distinguished Republican (colored) member of Congress, 
from this State, impressed with these views, and the sympatliy 
expressed in the National Capitol by the most "influential of his 
own party, last niglit, at a public meeting in this city, plainly 



told his friends that they must reform the abuses so universally 
execrated, or be cut off from the Rej^ublican party as diseased 
and rotten branches, and that, unless reformed, their representa- 
tives would be ashamed of them, and that Frelinghuyscn, Dawes, 
Sumner, Butler, and every one of their friends outside of the 
State, who kept his eyes open, Avould hold the colored men re- 
sponsible, they being in the majority, and having voted the cor- 
rupt element into power. After eloquently deploring the frauds, 
and the necessity of reform in the interest of his race, as well as 
that of his party and country, he remarked: 
. " Will you permit this state of things to continue ? It cannoi 
be hidden that there is something rotten in Denmark, There 
must be no promised reformation, but practical reform. If there 
be any one in the way of that reform he should be at once re- 
moved out of the path, and now is the time to do it. The na- 
tional Republican party to-day was ready to cut aloof upon 
the slightest provocation from the corruption now existing in 
the South, and unless you do something, and that speedily, they 
will be compelled to cut off the rotten branches. He had warned 
them of this more than a year ago; this was no new thing. Que 
thing he knew, that instead of being better it appears to be 
growing worse. The question of the Taxpayers' Convention is 
no sore-head movement. The people have a right to petition un- 
der the Constitution, and when it came it would come from his 
constituents, whether they voted for him or not, and he was 
bound to have it properly referred. 

"That petition will be considered; and do not allow your- 
selves to be misled about it. The only way you can prove that 
you sympathise with an honest administration of att'airs is for 
you to give notice to those who have maladministered affairs to 
quit; for you to bring lorward a new set of men. It is your 
duty to vindicate yourself, and prove to the world that you are 
in sympathy with those who want an honest government. He 
had no cause here to announce, or champion the cause of any 
particular set. But it was his duty to point attention to errors 
that have nearly resulted in the bankruptcy of the State. It was 
time that the hands that had caused these errors were stayed. 
It does not mean the ascendency of one particular set of men 
over another, but it means order and good government. The 
opposite course would breed revolution and anarchy." 

None of these adventurers are dangerous as individuals, but 
it is in the aggregate they are destructive and resistless, because 
hitherto they have been supported by the power of the National 
Government. Burke, in his great im])eachraent speech against 
Warren Hastings, charging him with " letting loose a band of 
adventurers and robbers to humble and impoverish the Indies, 



8 

and for setting aside their original laws and usages, and the well 
settled rights ot the natives of intelligence and property " — a 
case not Avithout a suggestive parallel to oixr own — denouncing 
Hastings for his outrages, he remarks: "lie has devastated coun- 
tries by the same means that plagues of his description have pro- 
duced similar desolation. We know that a swarm of locusts, 
although individually despicable, can render a country more 
desolate than Tamerlane. When God Almighty chose to humil- 
iate the pride and presumption of Pharaoh, and to bring him to 
shame, He did not eftect His purpose with lions and tigers, but 
He sent lice, mice, frogs, and everything loathsome and con- 
temptible, to pollute and destroy the country;" and tlie recon- 
struction policy of the country has unfortunately (however Avell 
intended) produced a political plague of this character in our 
devoted State. The authority of the National Government is 
now as fully recognized in this State as Avas that of the Almighty 
by Pharaoii, when the plagues in Kgypt were removed. May we 
not, therefore, petition tlie National Government with confidence 
for the same favor in the removal of these pests, or a mitigation 
of their political power in persecuting \is ? 

INTERESTS OF THE FREEPMEN. 

It has been urged in justification of tlie reconstruction policy 
that it Avas a measure designed to protect the newly acquired 
riglits of the freedmen. But all parties now concede that tlie 
i-eniedy is worse than the disease; that while freedmen's rights 
ought to be protected and secured, yet no code of political mor- 
als or economical Avisdom Avill justify the sacrifice of the rights 
and property of free white men to effect it, and the overthrow, to 
a great extent, of the honesty of the freedman himself, by forcing 
him into positions of trust and poAver before his intellectual 
and moral training had fitted him for the discharge of the 
duties of statesmanship and to resist the corruptions of sud- 
denly acquired pOAver. The evidence of this position is so pow- 
erfully and truthfully set forth in " The Prostrate State of South 
Carolina," under negro government, by a distinguished Abolition- 
ist, the lion. James S. Pike, a former member of Congress from 
the State of Maine, and the late Minister to the Hague under the 
appointment of Mr. Lincoln, AA'ho visited this State, as the freed - 
man's friend, in February and March last, and saAV Avith his oAvn 
eyes the evils Avhich he honestly relates, and Avhich but con- 
firms the opinion of every Northern gentleman Avho has taken 
the pains to investigate the subject for himself. I Avould earn- 
estly recommend this book for its facts, Avhich A\'ill not be dis- 
puted by any fair-minded man, Avho looks into the fearfully moral 



9 

trial of elevating ignorance and fraud over intelligence and hon- 
esty, and which tends to i)roduce a prejudice against the whole 
colored race, because of their supposed res])onsibility for the dis- 
honest and ignorant leaders that now represent them in the State 
Government. Mr. Pike says : " The rule of South Carolina should 
not be dignified Avith the name of government. It is the institu- 
tion of a huge system of brigandage. The men who have had it 
in control are the picked villains of the community. They are 
the higlnvaymen of tlie State. They are professed legislative 
robbers. They are men Avho have studied and practiced the art 
of legalized theft. They are in no sense different from, or better 
than the men who fill the prisons and penitentiaries of the world. 
They are, in fact, precisely that class, only more daring and auda- 
cious. They pick your pockets by law. They rob the poor and 
the rich alike by law. Tliey confiscate your estate by law. They 
do none of these things under the tyrant's plea of the public 
good or the public necessity. They do all simply to enrich them- 
selves personally. Their sole base object is to gorge the individ- 
ual with public plunder. Having done it they turn around and 
buy immunity for their acts by sharing their gains with the igno- 
rant, pauperized, besotted crowd, who have chosen them to the 
stations they fill, and which enables them to rob and plunder." 

Mr, Chamberlain, a native of Massachusetts, a zealous Repub- 
lican, feeling humiliated by the corruptions of the State Govern- 
ment while he was our Attorney-General, in a published letter of 
great power and candor, in 1871, in which he admits that the 
reconstruction measures have produced glaring evils, writes: 
."Three years have passed, and the result is — what? Incom- 
petency, dishonesty, corruptions in all its forms have ' advanced 
their miscreant fronts,' have put to flight the small remnant tliat 
opposed them, and now rules the part}^ which rules the State. 
* * * I can never be indifferent to anything which touches 
the fair fame of the great national party to Avhich all my deep- 
est convictions attach me, and I repel the libel Avhich the party 
bearing that name in this State is pouring upon us. I am a 
Kepublican by habit, by conviction, by association, but my 
Republicanism is not, I trust, composed solely of equal parts of 
ignorance and rapacity. Such is the plain statement of tlie 
present condition of the dominant party of our State." 

FRAUD FKOM THE BEGINNING. 

This Government of the State actually originated in a gross 
fraud. The Federal Government, in a spirit of charitable liber- 
ality, organized, through the Freedmen's Bureau, a charity lor 
the aid of the colored people, whose destitute condition after the 

2 



10 

war, especially among the women and children, and the aged of 
both sexes, enlisted public sympathy. Food and clothing were 
to be distributed under the direction of General Howard, the 
head of the IJureau in Washington, and in this State by his as- 
sistant, General Scott, who soon after became the Governor, to 
the surprise of those not in the secrets of the party organized 
under the auspices of the Freedmen's Bureau. You will find, 
however, in the printed report, No, 121, of the second session of 
the forty-second Congress, this startling paragraph, as a part of 
the secret history of carpet-bag rule in this State, by which you 
will learn that this charity intended for the indigent colored 
men by the Federal Government was diverted as a corruption 
fund to initiate the fraudulent and corrupt Government which 
we now desire to be relieved of. The report referred to is from 
an investigating Congressional Committee into the alleged 
frauds of General Howard. "It was offered to be proved that 
in South Carolina the Assistant Commissioner, Scott, had been 
elected Governor of that State by the corrupt use of rations, 
provisions, and transportation; that as an officer of the Bureau, 
and having the control of this property, he, by and with the 
knowledge and connivance of Howard, did use such property to 
the extent of three hundred thousand dollars for this purpose. 
The names of the witnesses, of high character and members 
of the Republican party, were handed to the Committee, and 
subpoenas asked for them, by whom it was stated by respectable 
persons these facts could be substantiated. The majority of the 
Committee refuse to allow them to be summoned." This Gov- 
ernment, conceived in fraud, has perpetuated itself in the same 
manner by such legislative and official measures and practices, 
in derogation of the plainest rights of the people, so that each 
species of fraud and corruption, which other communities have 
initiated in detail, have been aggregated here, and culminated 
in a grand repository of political expedients to crush out all 
opposition. 

Mr. Corbin, a native of New England, and the United States 
District Attorney for South Carolina, and a Republican Senator 
of the State, testifies before the Congressional Committee that 
the elective machinery of the State was as follows: "Three 
Commissioners were appointed by the Governor; those three 
Commissioners appointed Managers in the several precincts in the 
country, and were to furnish those Managers with ballot boxes, 
locked and sealed, except an aperture through which to drop 
the votes in the box. The Managers were to receive the votes 
on the day of election, keep a poll list, and return the poll list 
and the box to the Commissioners of Election, who were to 
count the votes; they were to do that within three days after 



11 

the election; they had three clays within which they were to re- 
turn the boxes and poll lists, and the Commissioners were re- 
quired within ten days to canvass the vote and make a return 
to the State Board of Canvassers; and the State Board was to 
canvass the result and declare it. 

* * * " Yoii can see w^hat the opportunities were. The 
Managers had the boxes at their precincts, remote from the 
County seat. * * * Some of them had to carry them thirty 
or forty miles to the County seat to deliver them to the Com- 
missioners, If they chose to knock out the bottom and put in 
other votes, or to change those that were in Inhere, they liad the 
opportunity to do it. And after the boxes were received by the 
Commissioners, they had the same opportunity to commit f rai;ds, 
because the boxes were in their custody for ten days. Some 
very glaring frauds w^ere doubtlessly committed in some of the 
lower counties. At the very last term of the Court I convicted 
three parties in Beaufort County for abstracting ballots that had 
been cast by the voters at the election, and substituting others 
for them, and also for erasing the names of some of the candi- 
dates upon the ballots cast and substituting others therefor." 

Another witness before this Committee testifies that at a late 
election " women gave votes for their husbands or their brothers, 
who they said were sick," and were not challenged, as most of 
the Commissioners and Managers were themselves candidates 
and all of the same party, except in some precincts, where as no 
one of the party could read and write, they had to resort to one 
of the Reform party for a Manager to make the record at such 
polls. And he further testifies that in an election referred to, 
the report gave " a round thousand against everybody on our 
ticket, and a thousand in favor of everybody on the other ticket, 
I do not think they ever counted the ballots," 

TAXATIOX -WITHOUT REPRESENTATION, 

These facts demonstrate tlie hopelessness of honest representa- 
tion to protect the rights of property, and demonstrate that the 
great maxim of the liepublican Governments, which makes rep- 
resentation a condition of taxation, is here suspended. Let us 
contemplate the fruits of this departure from Republican form of 
government. Judge Carpenter testifies before the Congressional 
Committee : 

"The property of South Carolina is assessed in round numbers 
at $180,000,000, I do not think it w^ould sell in any market for 
$100,000,000, for South Carolina has vast tracts of poor land, I 
think property is assessed there at about twice its value. 

" I will instance one case in Clarendon, whore a tract of land 



12 

had been oft'ered, two years, for $5,000, and they assessed it at 
$15,000, and the owner could not get the Equalization Board to 
do anything about it. 

" Taxes seemed to be assessed witli a view to the supposed 
necessities of the State per annum, rather than the value of the 
])roperty. Prior to tlie war the property of the State was about 
$-180,000,000, against $180,000,000 now, and I think the taxes 
raised for State purposes before tlie war was about $400,000. 
* * * When I say that over $4,000,000 is levied 
this year for State taxes, I mean to say that tliey are trying to 
collect two years' Jaxes in one." 

While on this subject I will cite a case of great hardslup, 
known to myself, as one of a large number: The plantation of an 
unfortunate planter was sold for debt last month. It brought 
but $700 at auction, and the taxes on the same being $250, left 
the creditor but $450, wliilst the State assessed the property for 
taxation at $10,000. Is it any wonder that nearly a million of 
dollars of taxes is left unpaid every year, and the land virtually 
confiscated for taxes, leaving homeless many a family ? 

I quote freely from Judge Carpenter's testimony before the 
Congressional Committee, because he is a Republican, originally 
.appointed by Chief Justice Chase as Registrar in Bankruptcy in 
Charleston, and has been twice elected by the Legislature as one 
of the Judges of the State, and is an ardent supporter of the 
National and State Governments: "Another cause of discontent 
(he testifies) was the character of persons appointed to fill ofiices 
under the Executive. The Constitution of South Carolina gives 
the Executive vast patronage, or at least the Legislature have 
assumed it, whether the Constitution gives it or not. All the 
County Auditors, County Treasurers, TrialJustices, and most of 
the local ofiicers, are appointed by the Governor. As a rule they 
are utterly incompetent, and as a rule they are utterly corrupt." 

lie further testifies that the Governor had pardoned a large 
number of criminals just before his own second election. "I saw 
several persons that I had myself sentenced to the Penitentiary, 
who were pardoned just before the election. I met them on the 
streets, three or four of a very bad description of men — men who 
liad been sentenced to the Penitentiary for a series of years. I 
think the official statement of pardons from October 1, 1869, to 
October 1, 1870, gives the number as two hundred and five out 
of some four hundred and eighty who were in the Penitentiary. 
I think the pardons were largely in excess of the convictions." 
And now, while on the subject of Executive interference with 
public justice, I will relate cases of legislative interference as a 
sample of many which tend to overthrow the independence of 
the Judieiarv: 



13 
THE JUDICIARY. 

Last year, a case was tried in Charleston, involving a claim 
for damages against a railroad. The plaintiff's attorney took 
exception to the charge of the Judge and the finding of the jury, 
who, it appears, found a verdict for the defendant. This matter 
was taken up by the Legislature, because it was alleged he had 
made improper reflections on a colored woman of doubtful char- 
acter. The Judge was immediately telegraphed for, to appear 
before the Legislature at Columbia, his Court closed in the mean- 
time, and he only escaped impeachment by the lawyer explain- 
ing that the member to whom he had complained had given more 
force to his language than he had intended. 

The Committee reported fully on the case, acquitting the 
Judge of any improper action; and the Supreme Court, to which 
an appeal was made, took no exception to his rulings. The 
lawyer admitted that he did not think the woman had suffered 
by his remarks. The Committee closed their report as follows: 
" In conclusion, your Committee would remark that the enacting 
of this farce, expensive though it be, will not fail of producing 
good results, if for the future it shall stand as a beacon light to 
warn the House of Representatives against any investigation 
into rulings of Judges or the verdict of juries. These matters of 
right belong to the Circuit and Supreme Courts, and Ave may not 
touch them w^ithoiit infringing upon the independence of the 
Judicial Department, and weaken public confidence in the ad- 
ministration." 

This report saved the Judge, and he was able to reopen his 
Court again. But, of course, his tenure of office, he will feel, 
hangs on the pleasure of the Legislature, and his decisions must 
be measurably affected thereby. 

A few weeks ago, in Camden, a colored man was proved guilty 
of larceny by three respectable witnesses of his own color; no re- 
butting testimony, but that of the prisoner himself, who denied 
the charge. The jury of colored men acquitted him, but as none 
of them could write, the verdict was signed by the foreman for 
them, by making his mark. After the verdict had been signed, 
some of the jurors declared it was not their decision, and dis- 
played so much ignorance of their duties, that the Judge was 
constrained to discharge them as incompetent to try another case. 
A resolution was immediately introduced into the Legislature 
for impeaching the Judge, the latter portion of which embodies 
the alleged offence: " Now, therefore, be it resolved, that the 
said 11. B. Carpenter be impeached for conduct unbecoming a 
Judge, and for denying to citizens of this State, on account of 
color, the right to serve as jurors in and for the C^ounty of Ker- 



14 

shaw." Tlie Judge's friends, however, Avere able to save him 
from impeachment by a small majority. Yet he is so popular 
among them as to have been twice elected to the Bench by the 
Legislature: but, of course, he now has notice that ignorant col- 
ored j uries must not be discharged in future. There seems to be 
a constant struggle for power here, and it has lately developed a 
new phase of a dangerous States rights character. A Bank be- 
came insolvent lately, and measures were taken by some ot the 
creditors in one of the State Courts to deal with its assets. 
Other creditors and the officers of the Bank preferred to go into 
Voluntary Bankruptcy in the United States Court, and place the 
assets of the Bank under that jurisdiction, by the direction of 
the District Judge of the Federal Court. This brought about a 
controversy as to the jurisdiction under an appeal from the decis- 
ion of the local United States Judge, which decision was fully 
sustained by the Federal Circuit Judge, it being determined that 
the State Courts had no power in such cases. The Judge of the 
State Court, however, does not concur in this questioning of his 
power in the premises, but has ruled the lawyers of the opposi- 
tion for contempt of Court in advising their clients to seek jus- 
tice in a United States Court, and actually debars some of them 
from practicing their profession in the State Courts. This per- 
sonal injustice acts as a menace to the whole bar, so that those 
of us who have no confidence in the State Courts, while sub- 
jected to the interference of the Legislature, are practically 
denied the right to appeal to a more reliable Court, by the inter- 
ference of the State Judges. 

PRINTING FKAUDS. 

If time permitted I could greatly enlarge on this class of evils 
from authentic sources. The Courts are not only intimidated, 
but the press is subsidized. jMr. Pike informs us that "the State 
Government employs and pays them ad libitum. An instalment 
of 175,000 lately went to about twenty-five papers, in sums rang- 
ing from ^1000 to $7000 a piece, a list of which was published 
by order of a vote of the Legislature a short time ago. Of course 
none of the deviltry of the State government is likely to be ex- 
posed through them. The whole amount of the printing bills of 
the State last year as computed (for everything here has to be in 
part guess woi-k) aggregated the immense sum of $600,000." I 
think his estimate is too large, but I believe it is now known to 
have exceeded 1575,000 — a sum which would have more than 
disbursed the whole expenses of the State before the war, and 
larger than the aggregate printing bills of Iowa, Massachusetts, 
Pennsylvania, Ohio, and Maryland. These States, containing an 



15 

aggregate population of over ten millions, and a capital thirty 
times larger than that of this State, a reading people, and yet 
their public printing only amounts to the aggregate yearly sum 
of $385,000. This enormous fraud enures to the benefit of a print- 
ing ring in Columbia, represented by the Cleric of the House and 
the Clerk of the Senate, who enjoy the monopoly and divide the 
proceeds with leading members of the Government and the Leg- 
islature. I am furnished by a prominent and useful member of 
the Legislature the following synopsis from the report of the 
Joint Special Livestigating Committee, in their statement of 
grand totals of cash expenditures for public printing in the fol- 
lowing years, by w^hich it will be seen that this fraud jDrogresses 
in a yearly ratio so startling as to render it difficult to conceive 
how such public robberies were tolerated Avithout producing that 
degree of public indignation Avhich would have overleaped law- 
abiding propriety in a tar-px'oducing country, and where feathers 
are not beyond the impoverished purses of the victims, who have 
exhibited a patience and a meekness worthy of Job and of 
Moses. Five hundred and seventy-five thousand dollars were 
actually paid last year for public printing, whereas the first two 
years' expenditiire for that purpose, after the reconstruction of 
the State, in honest hands, was but $43,000, or less than $22,000 
per annum, and when the aggregate expenditure of sixty years 
before the war for printing did not reach $400,000 : 

PUBLIC PRINTING. 

September, 18G8, to October 31, 1870 $ 43,440 57 

October, 1870, to October, 1871 134,151 44 

October, 1871, to October, 1872 215,129 86 

October, 1872, to October, 1873 331,945 06 

Undrawn appropriation, 1873 118,054 34 

Extra session appropriation, 1873 125,000 00 

$967,721 87 
Deduct first two years— 1868 to 1870 43,440 57 

Cost of three years' printing $924,281 30 

From October 31, 1872, to November 19, 1873, the date of 
the Act authorizing the issue of certificates to the "Republican 
Pi'inting Company," certificates of indebtedness receivable for 
taxes were actually ^;»a/f? for public printing to that company to 
the enormous amount of $575,000, whereas the total revenues of 
the State the same fiscal year, according 'to the State Treasurer's 
report, Avas but $1,719,728. 



16 

SWOLLEN EXPENSES. 

The result of all these frauds first produce over issues of Bonds 
and then a repudiation of them. Credit failing, the resort is to 
taxation, or rather to confiscation of the private property of the 
people. I should like to give you a full comparison of the ex- 
penditures before and after the war, and even year by year the 
comparison is instructive, as the figures steadily rise with each 
new administration, but time will only permit a mere synopsis 
of the more prominent : 

Taxable property of the State before the Avar $490,000,000 

Taxable property now 170,000,000 

Tax levies before the war, not over 500,000 

Tax levied this year 2,700,000 

Legislative expenses before tlie war 40,000 

Legislative expenses this year 291,000 

Public printing before the war 5,000 

Public printing this year, at least 450,000 

Legislative expenses reached the enormous sum one year of 
over half a million. I understand some four hundred employees 
were paid as clerks, and other assistants to the members, being 
more than two apiece ; some of the clerks signed the receipt for 
their salaries by their mark as they could not write, and one was 
paid for such services who had not been in the State in two 
years. 

We shall have but limited reforms till the people are edu- 
cated. The ignorance of black or white men is productive of 
the same evils. In Massachusetts ninety-three per cent, of the 
people, over ten j^ears old, read and write, and but seven out of 
every hundred are ignorant below this standard. Yet eighty 
per cent, of the criminals come from this ignorant class, and 
only twenty per cent, from those who can read and write. New 
York and Pennsylvania stands seven to one, and the United 
States stands ten to one in this relation. I have very grave fears 
that unless active measures are taken to educate the rising gen- 
eration of the colored race, and induce them to train their 
children to habits of industry, that they will degenerate as they 
have in St. Domingo and become a set of mere camp-followers 
of political leaders, or degenerate into pauperism. 

While they were slaves they had the care of masters whose 
interest it was to enforce habits of industry, and subject them to 
some degree of moral discipline. Let me invoke the intelligent 
men of the colored race to consider the necessity of an active re- 
form in this matter if they would elevate their people, or indeed 



17 

stay their decadence as men, by making tliem less the instru- 
ments of politicians and more devoted to their own true ele- 
vation. 

OUR POLICY IX THE FUTURE. 

Much of the evils which aftiict our Commonwealth are no 
doubt chargeable to an ill-judged and, perhaps, a partisan })olicy 
on the part of Congress, more or less dictated by an honest be- 
lief that those radical changes in the laws and usages of the 
State were necessary for the protection of colored men's rights 
against the prejudices of their former masters. Plard as were 
the conditions which reversed the order of the community by 
elevating ignorance to places of power, and ignoring the claims 
of intelligence and property to protection and representation, yet 
these evils have become intensified and perpetuated by the neg- 
lect or refusal of the community to accept the condition, and 
utilize what little influence and power for restraining this igno- 
rance and corruption by a ready co-operation with the many hon- 
est and intelligent men of both parties and both races, who have 
always desired to reform their party. Now, however, a daAvn- 
ing of good feeling on the part of even the most extreme Radi- 
cals, in and out of the State, and an open and pronounced sym- 
])athy against fraud and corruption, cheers us on to do something 
ourselves, and to show ourselves grateful for this sympathy, as 
well as willing to help ourselves out of the difficulty. AVe should 
ignore party lines, color, or place of birth, and co-operate heartily 
with any man, and any race, and any party whose mission is 
honesty, and we should do it so heartily as to leave no doubt in 
the minds of any one. Past issues should not only be forgotten, 
but even the short-comings of individuals should be condoned in 
the public mind towards those who will now heartily join us to 
purge the State. When one contemplates the frailties of our 
own race, and the many weaknesses which attach themselves to 
the best of our public men — when we further, Mr. President, 
look into our own hearts, and the hidden motives, and even self- 
ish actions of our own lives, we must rejoice that we are not ex- 
})osed, and we shoidd be ready to forgive much that we know of 
others. Many a good man has fallen beyond redemption because 
of the relentlessness of the public towards one unfortunate politi- 
cal or social error, and many a good man, by reason of a single 
frailty or act of disloyalty to his party, has been driven into open 
and extreme hostility by an undue and indiscriminating abuse. 
Let us, therefore, forget the bad measures of the past, except as 
lessons to be avoided in future, and the bad actions of men, 
except as beacon lights to be guarded against: and while we 
3 



should always honor and repose unqualitied contideiice in nieu 
whose probity and judgment have never deceived us, yet politics 
is a web of mixed materials, and in the weaving we must not be 
too exclusive in our selection of the yarn, nor unwilling to use 
the loom because jiartly constituted of doubtful metal. Let us, 
therefore, with confidence memorialize the Congress of our great 
nation to afford us such relief as American citizens have a right to 
ask for. We have a constitutional right to a Republican form 
of government, and now it is admitted by every class and every 
party throughout our common land, that the rights of |)roperty 
are entirely ignored, and that there is no machinery within the 
State powerful enough to resist the frauds and corruptions Avhich 
impoverisli and humiliate us. It would, therefore, be absurd to 
say that Ave enjoyed that — that/bnn of a Kepublican government 
contemplated by the Federal Constitution. Julius Ciesar over- 
tlirew the liberties of the peo])le of Home in ancient times, and 
Louis Napoleon suppressed those of France in modern times, 
Avhile conforming in the most explicit manner to the forms of 
the republic; but no publicists, economists, jurists, or historians 
have ever classified these nations as republics, after the overthrow 
of the rights of these people, because the /b?v?i6' Avere maintained. 

C'ONSTITUTIOXAL GUAEAXTEES. 

We are guaranteed by the fourth article of our National Con- 
stitution a Kepublican form of government. This means the 
substance, not the form only. The form must be the emanation 
from the substance, as the shadoAV folloAvs the body. The earn- 
est and astute body of statesmen Avho created a Republican form 
of government, and Avho designed that glorious instrument for 
the security of themselves and their posterity, disregarded forms 
Avhen they counselled a se})aration from the mother country on 
the ground that, to freemen, taxation Avithout representation Avas 
a form Avithout substance, hoAvever much doctrinarians of that 
age might show up the beauty of the British Constitution. And 
Avhen Ave contemplate that taxation without representation was 
the sole cause of our separation from the crown of Great Britain, 
are Ave not invariably brought to the conclusion tliat that right 
of representation as a condition precedent to taxation Avas the 
very corner-stone of that Republican edifice guaranteed to each 
State of the ncAV confederate nation which Washington, Jefferson, 
Adams, and Rutledge intended to secure to us ? 

In this State, apart from the admitted frauds and corruptions, 
of which the party in power furnish the proofs themselves, that 
I have laid before you in their own Avords, demonstrating to 
every mind that taxation Avithout representation is the principal 



in 

cause wliich deprives us of the practical rights of Republicans, 
and, indeed, of the simplest and universally conceded rights of 
any people. 

Suppose every State in the Union had such a form and prac- 
tice of government, and the same piinciple of action should ex- 
tend itself (as it surely would) to the Federal Government, how 
long would the Constitution continue to guarantee a Republican 
form to itself ? But we have the testimony of the wise framers 
and commentators on the Constitution itself on this subject. J\Ir. 
Hamilton, in his No. 51 of the Federalist, while defending the 
Constitution, to insure its adoption by the States, writes as fol- 
lows : 

'' It is of great importance in a Republic not only to guard 
society against the oppression of rulers, but to guard one part of 
society against tlie injustice of the other part. Justice is the end 
of government; it is the end of civil society: it ever has been, 
and ever will be pursued until it be obtained, or until liberty be 
lost in the pursuit. In a society under the forms of which the 
stronger factions can readily unite and oppress the weaker, an- 
archy may as truly be said to reign as in a state of nature, when 
the weaker individual is not secured against the violence of the 
stronger," 

Is not this the acknowledged condition of this community by 
the evidence I have already adduced from leading and olHcial 
men who direct its affairs at present ? 

THE rATHEE-< OF TIIK REPUBLIC 

Jefferson, in a letter to Madison, says: " The Executive power 
in our Government is not the only, perhaps, not even the princi- 
pal object of my solicitude. The tyranny of the Legislature is 
really the danger most to be feared." 

And, of course, a tyrannical Legislature is one of the elements 
which the power of the Federal Government was intended to 
guard against under the guarantee of the Fourth Article of the 
Constitution. Madison remarked, in the Convention: "An in- 
crease of population will, of necessity, increase the proportion of 
those who will labor under all the hardships of life and secretly 
sigh for a more equal distribution of its blessings. These may 
in time outnumber those who are placed above feelings of indi- 
gence. According to the equal laws of suffrage, the power will 
slide into the hands of the former: no agrarian attempts have yet 
been made in this country, but symptoms of a leveling spirit, as 
we have understood, have sufficiently appeared in a certain quar- 
ter to give notice of the future danger. Ilow is this danger to 
be guarded against on Republican principles ? How is the dan- 



20 

ger in all cases of interested coalitions to oppress the minority 
to be guarded against V" The guaranty clause of the Federal 
Constitution answers the question, and it has been reserved to 
the present time to justify the wisdom of that provision. Mr. 
Gerry, in his reply to this, said: "He did not deny the position 
of Mr. Madison, that the majority will generally violate justice 
where they have an interest in doing so, but did not think there 
was any such te7iiptation in this country." But Mr. Gerry could 
not anticipate the possibility of a Government in the hands of a 
set of dishonest adventurers, supported by an overwhelming 
number of emancipated slaves, perfectly resistless in point of 
numbers, ignorant of their own interest, as they are reckless of 
the rights, of the property, and the persons they supersede. 
With a few favorable excejitions, the intelligent and lionest col- 
ored men are wholly disregarded, and without influence, and 
their efforts for reform, or even to educate and elevate their race, 
to fit them for the sacred duties of American citizens, meets with 
no favorable response, and, therefore, renders reform nearly hope- 
less, without the sympathy and co-operation of our fellow-citi- 
zens outside of the State, and through the National Government 
in the protection of the rights of the minority. 

Montesquieu, and other distinguished publicists, had suggest- 
ed the importance of Federative llepublics as a practical means 
of extending the sphere of popular governments Avith safety to 
the permanency of the Republican principle in even great na- 
tions, because not only Avere these smaller members of the Con- 
federacy protected against foreign conquest and domestic vio- 
lence, but should abuses crop out into one part, they are reformed 
by those that remain sound; and the section of the Constitution 
under discussion, which guarantees to every State a Republican 
form of Government, is the logical conclusion of the above 
premises. The evils to be thus guarded against, then only 
" cropping " out to the imagination of these writers, are now de- 
veloped here in full into exaggerated maturity and fruitfulness, 
and hence we petition to the sound portion of our Confederacy to 
grant us the remedies referred to. 

Mr. Madison, the greatest authority on our form of Govern- 
ment, again remarks: "It will be found, indeed, on a candid re- 
view of our situation, that some of the distresses under Avhich we 
labor have been erroneously charged on the operations of our 
Government, but it will be found, at the same time, that other 
causes will alone account for many of our heaviest misfortunes, 
and particularly for that prevailing and increasing distrust of 
})ublic engagements and alarm for ])rivate rights, which are 
echoed from one end of the Continent to the other. These must 
be chiefly, if not wholly, eftects of the unsteadiness and injustice 



21 

with which a factious spirit has tainted our public administra- 
tions. By a faction, I understand a ni;mber of citizens, w^hcthor 
amounting to a majority or a minority." After discussing tlie 
dangers to the equality of interests and the public weal, arising 
from the predominance of powerful factions, who become masters 
of the situation, he further remarks: 

" But the most common and durable source of faction has 
been the various and unequal distribution of property, tliose who 
liold, and those who are without property. * * * 'pj^g ap])or- 
tionment of taxes on the variolas descriptions of property is an act 
wliich seems to require the most exact impartiality, yet there is 
perhaps no Legislative Act in which greater opportunity and 
temptation are given to a predominant party to trample on the 
rules of justice. Every shilling with which they overburden the 
inferior number is a shilling saved to their pockets. * * * 
To secure the public good and private rights against the danger 
of such a faction, and at the same time preserve the spirit and 
form of popular government, is then the great object to wliich 
our inquiries are directed. Let me add that it is the great de- 
sideratum by which alone this form of Government can be 
rescued from the opprobrium under which it has so long labor- 
ed." Here, again, you perceive how pointedly his arguments 
tend to sliow tlie necessity of the Federal guaranty to eacli 
State. 

Hamilton, on the same subject, says: "Without a guarantee, 
the assistance to be derived from the LTnion, in rej^elling those 
domestic dangers which may sometimes threaten the existence of 
the State Constitutions, must be renounced. Usurpation may 
rear its crest in each State, and trample upon the liberties of the 
people, while the National Government could legally do nothing 
more than behold its encroachments with indignation and re- 
gret. * * * rpj^Q inordinate pride of State import- 
ance has suggested to some minds an objection to the principle 
of a guaranty in the Federal Government, as involving an offi- 
cious interference in the domestic concerns of tlie members. A 
scruple of this kind would de^^rive us of one of the principal ad- 
vantages to be expected from the Union, and can only flow from 
a misapprehension of the nature of the provision itself. It could 
be no impediment to reforms of the State Constitution by a ma- 
jority of the people. In a legal and peaceable mode this right 
would remain undiminished. A guarantee by the national 
authority would be as much directed against the usurpation of 
rulers as against the ferments and outrages of faction and sedi- 
tion in the community." 

Calhoun, too, the most advanced advocate of Constitutional 
State Rights, lield that the guarantee clause under discussion 



22 

was intended to be more a correctionary measure against the 
usurpation or misrule of State Governments, than for protection 
ao-ainst domestic violence. And I would liere remark that the 
Conservative views of that great statesman, who valued the 
Union next to the Constitution, and regarded them as necessary 
to the existence of each other, have been too often misappre- 
hended, and too often misrepresented, by opposite classes of 
])oliticians, who, citing to what they believed to be the logical 
consequences of his opinions rather than those of his exempliiied 
views and avowed principles. In discussing the fourth article of 
the Constitution, he writes as follows : 

"I come now," he says, "to the last, in the order in which I 
am considering them ; but the first as they stand in the section, 
and the one immediately involved in the question under consid- 
eration — I mean the guarantee of a Republican form of Govern- 
ment to every State in the Union. 

"I hold that, according to its true construction, its object is the 
REVERSE of that of protection against domestic violence; and 
that instead of being intended to protect the Governments of the 
States it is intended to protect each State (I use the term as de- 
fined) AGAINST its Government^ or, more strictly, against the 
ambition or usur])ation of its rulers. That the objects of the 
Constitution to which the guarantees refer — and liberty more 
especially — may be endangered or destroyed by rulers, Avill not 
be denied. But, if admitted, it follows as a consequence, that it 
must be embraced in the guarantees, if not inconsistent with the 
language of the section. But if embraced, it must be in the guar- 
antee under consideration, as it is not in the other two. If it be 
added that, without this construction, the guarantees woxild 
utterly fail to protect the States against the attempts of ambition 
and \isurpation on tlie part of rulers, to change the forms of 
their Governments and destroy their liberty — the danger above 
all others to which free and popular Governments are most ex- 
posed — it would seem to follow irresistibly, under the rule I 
have laid down, that the construction I have placed upon the 
provisions as to the object of the guarantees is the true one. 
But if doubts should still remain, the fact that it fully explains 
why the provision requires the application of the State in case 
of the guarantee against domestic violence, is omitted, would 
]dace it beyond controversy; for it would be a perfect absurdity 
to require that the party against which the guarantee is in- 
tended to protect, should make an application to be protected 
against itself." 



23 

(JOXGRESS AND THE STATES. 

Time forbids further citations from these valuable sources of 
information as to the objects of the Constitution and the in- 
tended use of Federal power to insure the rights in States of 
property and persons against factions of majorities or minorities, 
or even the State authorities themselves. Republican forms 
were not only to be required, but the substantial securities to 
every citizen which that form in substance produces. I am a 
Democrat of the old school, and consequently regard State 
rights with the reverence due to that great New England prin- 
ciple of local self-government, limited only by the Constitution 
as the organic law of the Union. I have not regarded some of 
the constitutional amendments as wise, and much of the recon- 
struction policy as not only contrary to the spirit of the Consti- 
tution, but the cause of most of the evils prevailing in the South, 
which I but do justice to the great party in poAver in saying I 
know that they now deplore also, and are ready to correct. We 
have not the government of the people in the sense of our ori- 
ginal compact with the Union, nor of the colored man, as many 
good men in the Republican party desired, but we have a faction 
who keep themselves in power for purposes of personal gain 
only, entirely regardless of the interest of either race or even the 
party whose name they disgrace and use as a cloak to cover 
fraud and corruption. As a good citizen I accept the changes 
in the organic law and those made by Congress in conformity 
thereto, and so far as these centralize the power of the Federal 
Government, I accept them Avith regret ; but while conforming 
fully to their changes and accepting the hard conditions which 
they enforce in the South, I also desire to reap the advantages 
for the South which, centralization implies, and I invoke, there- 
fore, the representatives of the white race in Congress to give us 
here, in South Carolina, a Government worthy of the race and 
one where a New England man may send his son to settle with- 
out degradation. 

The citizen owes allegiance to the Government ; the Govern- 
ment owes protection to the people. Any form or practice which 
fails in these mutual conditions cannot be considered as a gov- 
ernment of the people, and, therefore, not a Republican form of 
Government. Do you suppose that the white people ot the United 
States intended to fix a perpetual Government of fraud on their 
race as a condition of safety to colored freemen ? 

The duties and rights that grow out of Governments and 
people are reciprocal. If the citizen makes war on the Govern- 
ment, it is treason. If the Government violates the trust, it ab- 
dicates its power. And I can hai-dly believe that Congress will 



24 

aid ill fixing an evil on the people of this State, by any refine- 
ment of State rights or abstract construction of the organic law, 
to aid a Government in which it is acknowledged that invention 
seems to be exhausted in contriving abuses. Precedents cannot 
be relied upon to guide us, because history does not furnish a 
}»arallel to the poAver and effrontery of the present rule existing 
without restraint in this devoted State. 

; THE WORK BEFORE US. 

Let us, therefore, join hands with every good and true man of 
an}'- party, and of any class. The State is the common heritage 
of all, and let us work together to save it from robbery and dis- 
grace. Let us give full and free counsel and support to such 
members of the Legislature, and the officials of the State and 
County Governments, as like ourselves desire to reinstate an 
honest administration of our affairs. Let us, while holding our 
respective political views and as members of our own political or- 
ganisms, hold them all in abeyance to the great end of all political 
]iurposes, viz : an honest government and a code of laws equally 
for the protection of the property and jtersons of every kind and 
shade of opinion or lawful interest. 

To this end let us organize in every County on this basis to 
guard the public purse, and to deal with fraud and misrule by 
energetic prosecutions and exposures of fraud and corruption, and 
let us give a ready and efficient support to every reform which 
the Re})ublican party or the Legislature shall originate. 

At the battle of Waterloo it is Avell known that the fortunes of 
the day were clearly against the English till Blucher came to the 
relief of Wellington, and threw the balance in his favor at the 
latter part of the conflict. A desponding officer, whose command 
had not been engaged during the whole battle, but was rather 
]jreparing for a retreat imder the demoralizing influences around 
it, was suddenh^ ordered by Wellington in person, "Come, sir, 
get your troops in motion." The timid officer, counseled by his 
lears, hesitatingl}^ asked, "Which waj^?" Wellington, "with a 
justifiable indignation and a ])ardonable irreverence, roared out, 
" ForvKird, by God P"* And I would say to every Carolinian, to- 
day, who takes counsel from his fears, but with reverence towards 
the just centre of all good government, and His providence to- 
wards them that help themselves, " Forward, by God !"' 

THE FINANCES. 

I have already furnished the fullest evidence of the corruption, 
ignorance, and oppressive nature of the rule and personnel in this 



25 

State, as cited from the speeches, re])orts, or other written evi- 
dence of leading and respected Republicans, most of them noAV 
connected with the active Government which they so honestly 
denounce as disgracing their own party, as well as the age 
iti which they live. I now propose to show by the same author- 
ity the practical working of such a form of government, and you 
can then judge if these fruits are the products contemplated by 
the advocates of a Republican government, Avhich the Constitu- 
tion guarantees to every State in the Union. It appears by a 
report of a joint special investigating committee of the Legisla- 
ture, dated December 20, 1871, page 868, that, becoming alarmed 
at the " great discrepancies existing between the Utate Treasxirefs^ 
Comptroller- GeneraVs^ and Financial AgenVs jyrinted rejyorts^^'' 
they determined to go to New York and overhaul Mr. Kimpton's 
books. Mr. Kimpton requested time to get out of the city and 
ruralize for the benefit of his overtaxed energies, during the past 
tliree years, in behalf of the financial interests of the State, whicli 
remedy and relaxation his physician had prescribed against the 
fatal effects of his impaired constitution and ruined health. The 
'■'■ committee not vnsldng the responsibility of the death of any one 
resting on them,'''' (to use their own Avords) consented; but when 
the term of recreation had expired, " Mr. Kimpton thereupon stated 
that soon after your Committee had accorded him time, for the 
recreation he had previouslj^ asked for, the financial board re- 
quested his presence in Columbia. * * * Your Commit- 
tee, not wanting to oppress him, granted him still further time." 

After this, tlie report sets forth tlie difficulty of making the 
examination, and their industry in occupying their time in ac- 
quiring information, and state the startling fact tliat, owing to 
the manner of borrowing money by Kimpton, in small amounts 
and for short time, with the frequency of the renewals and large 
commissions on each transaction, the " interest, commissions, and 
stamps ptald on short loans made in N^ew York amounted to 
nearly as much as the e^itire interest on the State debt,'''' and that 
there must accrue a large commission account in favor of Kini})- 
ton, whose services of course must be paid for. 

In a subsequent report of this financial investigating commit- 
tee to the Legislature, they set forth that it had been given out 
to the public that " out of the abundance of carefulness for the 
interest of the State, on the part of the Governor^'' the financial 
agent had been compelled to make an instrument in writing, witli 
good and sufficient security, for the faithful discharge of his du- 
ties, and the security of the State, in the penal sum of a large 
amount, and that one of the most prominent and skilful banking- 
firms in the country had signed his bond, viz: Henry Clews tt 
Co. The bond, hoAvever, was signed by Kimpton, and the rich 
4 



26 

firm signed as a witness. The indignant committee tliereforc re- 
marks: "But it Avill be seen, by a copy of tlie bond he executed, 
that the State has no security, and that her agent commenced his 
oflicial life under the countenance and connivance of thehnancinl 
board, with deception covering his steps and irresponsibility his 
acts." (Page 42, second part.) 

The Committee, after giving a great array of hgures, Avhich 
they find in the agent's books, informing us that they are full of 
discrepancies, as compared with his i)revious reports and the 
books of the Treasurer; among other items, showing that he 
charges for expenses, in excess of vouchers or former reports, the 
large item of r4>243, 986.58 (page 245, 2d part), remarks: "The 
Committee are compelled to say that the financial agent acknow- 
ledged to them the incorrectness of his accounts, and admitted 
that he was directed, by the financial board, not to make real, 
but fictitious, entries. So frightfully large were the expenses of 
the transactions of the agency in negotiations of loans, &c., the 
board thought it best to keep the true amount in disguise;" and 
part of the &c. appears to be the land commissioners' funds, 
which were passed through his books, although the Treasurer 
paid in Columbia the bills, so that fictitious sums were entered 
in his books, as the Treasurer advised, from time to time, in the 
fraudulent operations connected with that transaction, amount- 
ing to over $700, 00(), said to be paid for lands not worth over 
$100,000 to-day. 

The Committee Aery judiciously remark further: " Besides this 
admission of the agent, the manner in which his books and ac- 
counts have been kept justifies suspicion of their accuracy." * 
* * What, however, is our astonishment and indignation when 
we are told, on finding specific charges^ that they are not correct: 
that even detail in payments is no assurance of accuracy! And 
what our humiliation, when we are told that the financial board 
of the State have recommended the covering up and withholding 
of the real business transactions of the agency. 

THE KU-KLUX. 

So much for the character of this Financial Board and its 
Agent's capacity as a bookkeeper and negotiator. Let us con- 
template the celebrated gun contract — page 247 — looking back 
to the history of the Ku-Klux disturbances which disgraced our 
State, originating, as they did, from the stupid and partisan ac- 
tion of the State Government, whose appointments of ignorant 
and corrupt Trial Justices and Constables, and even this source 
of protection of the rights of property so sparsely throughout 
the State that marauding parties were often able to drive away 



27 

a farmer's cattle, hogs, and horses before a proper official could 
l)c found to stop the robber, because a Constable and Trial Jus- 
tice were often twenty miles apart; and such was the corruption 
on one hand, or the prejudice of race on the other, that frequently 
a colored prisoner, after arrest and proof of his guilt, by white 
men, would be discharged, on his own testimony to the contra- 
ry, and in a few days the poor fellow, who had lost his property, 
Avould be arrested for false imprisonment, and subjected to incon- 
venience and expense, this outrage against justice produced, at 
first, organisms for mutual protection on the part of the white 
men in the disturbed districts, and as usual when men undertake 
to vindicate even their acknowledged rights, and civil law cannot 
be relied upon, such organisms are apt to degenerate into violence 
and injustice, producing revolution or brigandage, according to 
relative numbers, intelligence, or morality participating in it. 

In the case under discussion the Ku-Klux appears to have been 
mainly a body of ignorant men, as devoid of justice as they were 
of judgment in applying the remedy for which, no doubt, they 
were induced to organize, and had they dealt with the white per- 
sons that organized the frauds and violence of which they justly 
complained and made an example in high quarters in Columbia, 
instead of descending to outrage and abuses of the colored men, 
the ignorant instruments of these public robbers, much more 
sympathy might have been felt for them, and the Government, 
in my judgment, Avould have sooner exercised its clemency in 
consideration of the provocation. 

THE AiaiS FRAUD. 

But, be this as it may, this Ku-Klux organism, apart from 
their outrages on the good order and the fair name of the State, 
were also the cause of a heavy fraud on the same. Joint Resolu- 
tions were passed by the Legislature in 1869, empowering the 
Governor to employ an armed force of one hundred men for the 
preservation of the peace, and to '■^piorhase tioo thousand stands 
of arms of the most ai^proved lyattern, provided that a serviceable 
and satisfactory arm cannot he procured from the United States.'''' 
In the graphic words and classic allusions of the Committee, 
which I continue to quote, (page 248:) "The Governor's (Scott) 
First Lieutenant, the Adjutant-General, (Moses,) was regarded 
as the proper and best Ambassador for the State in this emer- 
gency. He came to Washington, he sav) the Secretary, he con- 
quered all objections, doubts, contingencies, obstacles." 

The Secretary telegraphed, you can have ten thousand stands 
of Springfield muskets. The mission of the General was a suc- 
cess, and South Carolina ])rocured a serviceable ann from the 



28 

United States, sufficient to equip an army of ten thousand men. 
There was, therefore, no need of tlie exercise of the authority of 
March 16t]i, 1869; in fact, tlie authority was nullified by the 
generous, munificent grant of the National Government, and 
our young Ciesar, like his great Roman prototype, had his tri- 
umph on his return to Columbia. But this ruthless Committee, 
like another Cassius, seems disposed to question his financial 
capacity and his honesty; occupying ten pages of their report 
show the most unblushing and enormous frauds in purchasing 
arms and altering them, not only without authority of law, but 
l>y a division of the plunder with various agents, which far out- 
strips the ingenuity of the New York Ring in cheating the jjub- 
lic Treasury and dividing the proceeds with their friends. By 
which it appears that the Governor, without warrant of law, em- 
powered his x\djutant-General (Moses) to proceed to the Nortli 
and purchase one thousand Winchester Rifles, with ammunition, 
<fec., for which he paid !^38,789 — less the large commissions which 
all these contracts afforded the agents — and also contracted Avith 
certain ])arties there to alter the guns to breech-loaders, which 
the United States had given the State in perfect order, ready for 
use, which alteration, costing the State $165,000, or 116.56 per 
gun — a price greater (the Committee informs us) than a perfect 
and new arm could be purchased for, of the same kind, in every 
particular, from the very persons that made the alteration, and 
to be delivered fresh from their salesrooms in Broadway, New 
York. ]>ut it appears by this same report that 140,000 was re- 
turned as commissions to one of these zealous patriots for arm- 
ing the State, and, we are further informed, by the same Com- 
mittee, that one of the contracting parties only received fifty 
cents per gun, instead of the contract price for the alterations, 
*8.85 per gun, which large discount they had to make or get 
nothing, as they informed the Committee. But it further ap- 
pears that the Agent was less grasping in another case, as he 
only exacted a discount of two dollars per gun for his services in 
l)rocuring these valuable contracts. The report does not advise 
us how this fund, thus stolen from the State, was divided, except 
as shown by the latter portion of the following quotation, which 
seems also to concentrate the fraud: "But did these charges con- 
sume the whole amount charged on the books of the Financial 
Agent to the 'Arms Account,' which was 1202,602.66 ? Not at 
all; the whole amount paid the Roberts Arms Company, Provi- 
dence Tool Company, Remington Arms Company, and the 
American Metalic Ammunition Company, was, in the aggregate, 
not over '$126,250, so that there remains yet to be accounted for 
-ii;76,8'72.66, less $1,088 paid insurance, which has been paid by 
the Financial Agent to C. H. Pond, the only person, unless we 



20 

except the assurances of the Financial Agent and his confidential 
Clerk, viz: that $20,000 of this amount was paid to N. G. Par- 
ker, then Treasurer of the State. * * * To say that 
the Governor (Scott) or the Adjutant-General (Moses) could have 
known notliing of these infamous robberies is no longer possible. 
The Governor is alone the authority, on the part of the State, to 
make such a contract, and he gave that authority, with general 
instructions, to the Adjutant-General (Moses.) * * ^: 

No such transaction could have transpired without such sums, 
in thousands, have been paid even by the financial agent, Avithout 
tlie instructions or directions of the Governor or financial board." 

If this is not high authority against Governor Moses, Mr. 
Ivimpton, and the financial board, where can better be found ? 
This report is from a most reliable source as to intelligence, in- 
dustry, and zealous supporters of the government, whose gross 
dishonesty fills them with dismay, and against which they most 
reluctantly testify. 

I find in this connection, in this same report to the Legisla- 
ture, that Mr. Woodbury, a merchant of New York, and the 
treasurer of one of the arms companies above referred to, testi- 
fied that F. J. Moses, Jr., adjutant-general of the State, and now 
the Governor, made contracts for altering the guns for |;44,250 
with the Roberts Arms Company, and when j\Ir. Woodbury was 
asked how much the company received in payment, replied but 
$2,500, and another contract for cartridges to the amount of 
$;5 7,000, in another company, and received for the same but 
$21,627. Yet these companies were requested to give receipts 
for the full amount, viz: $81,400, on pain of not being paid at 
all. These frauds fully account for the poverty of the taxpay- 
ers, and the large accumulations or the profligate expenditures 
of the men who rule the State, and the conviction of such crim- 
inals ought not to tax very heavily the professional skill of our 
learned judiciary, with proofs largely documentary, and coming 
from ofticial sources so direct and respectable, and Avhose j)oliti- 
cal sympathy is entirely with the party in power. 

FURNISHING THE STATEIIOUSE. 

Furnishing the Statehouse, in which the most glaring frauds 
were exposed before a Congressional committee, has been alrcad}' 
ventilated, but it may not be known that there was charged an 
item of two hundred fine porcelain spittoons at eight dollars 
apiece, for one hundred and twenty-four members, most of whom 
used the floor or spat out of the window, or into the fire. 

The actual bill, at extravagant prices, was $50,000, but the 
bill presented to the Legislature was raised to $95,000. A Com- 



30 

mittee was constituted to investigate tlie matter, and their ex- 
penses readied the modest sum of over il^OOjOOO; $7,500 of Avliicli 
was cliarged for lawyer's fees and services, but the lawyer 
credited Avith this large fee came forward and denied that he had 
ever received a cent of tlie money, and had never (he said) even 
been consulted in the case. Tlie Attorney-General was in- 
structed to take steps to indict tlie member for embezzling the 
public money. The culprit came before tlie Investigating Com- 
mittee and told them that he did not intend to answer any ques- 
tions that would criminate himself, and when he was threatened 
witli indictment, he defied thera, and said that they did not dare 
to do it ; tliat tliey would first have to make an application to 
enlarge the penitentiary, for he would have half of them in 
there. One of the Investigating Committee of Congress, on 
licaring this testimony, asked the witness, What, did he mean 
half of the Legislature ? Answer : The whole concern connected 
with the Government, I suppose. 

^Ve are informed that these bills were paid, and that the ex- 
cess of Wilton and Brussels carpets, mirrors, sofas, and other 
articles of furniture charged to the State House were really used 
for the private lodgings of the members, or in their own liouses — 
exactly the same kind of fraud for which Genet was convicted 
in New York, who used building materials in his own houses, 
which the city had purchased for a Court House. Can we not 
follow this example, and have this braggart robber convicted, 
and have our penitentiary enlarged for the accommodation of 
such other members of the Legislature and Government whose 
frauds and corruption we so patiently endure ? I have thus ad- 
duced a few examples of the practical frauds of the State Gov- 
ernment as certified to by official reports. I have purposely 
confined myself to these examples as they sufficiently illustrate 
the morals and practice of the Government and the Legislature 
of the State, who being in overwhelming majority, practically 
ignore tlie honest minority of both parties in the Legislature ; 
disregarding the principles of common honesty and of common 
decency, their eft'rontery has become proverbial, and we are 
]iractically asked by their contempt for us, "What will you do 
about it ?" Crews and Tweed arc representative men in Co- 
lumbia and New York, and the question is, have Ave a Committee 
of seventy among us, and have we an earnest lawyer like Charles 
O'Connor, and an astute investigator like Samuel Tilden, and 
have Ave an independent, self-sacrificing and brave body of citi- 
zens in every county in the State avIio Avill do as the honest and 
earnest men of New York did — band together, regardless of all 
differences, political or otherAvise, and determine to drive these 
thieves out of power and out of the State, or into the ])eni- 
tentiary ? 



31 

PU15LIC JUSTICE. 

Jefferson has well said that the price of liberty is eternal vigi- 
lance, and we must now verify the practical nature of the express- 
ion. I have confidence that we have every one of these qualiti- 
cations among our people, and that the exercise of them Avill save 
the State. I am not insensible to the prevailing opinion that the 
judges are corrupt, and the juries ignorant and prejudiced. The 
open charges of corruption made in the Legislature of the State 
against the judges of the highest court, and the frequent inter- 
ference of the Legislature with the independent discharge of the 
functions of the individual judges, are well calculated to over- 
throw conhdence in their honesty, and latterly to destroy that 
judicial independence and confidence so necessary for the ends of 
justice. But this phase of our public grievances must be accepted 
as one of the unfortunate elements which calls for revision; and 
yet there are individual exceptions, both as to judges and jui'ies, 
which can be relied upon for public justice in the State, and be- 
fore whom convictions for fraud and corruption can be had, if 
properly and zealously brought before them. Take the most 
corrupt of these men and place him on the bencli, in presence of 
a court filled with men of probity and position; put the plunderer 
ill the criminal box, let distinguished members of the bar ])rove 
by competent Avitnesses the alleged crimes, and the judge will be 
an extraordinary man who will dare to outrage public justice by 
siding with the criminal. We have had a Jeffries in England, 
Avhose decisions disgraced his judicial action, but he criminated 
the innocent to serve the government, and goes down, execrated 
by posterity as a singular case, a monster of iniquity; but we 
have no record of any judge openly defying public justice by 
discharging criminals in the interest of government. These acts 
of corruption on the part of judges are confined to secret prac- 
tice, when the public eye is not on them, and juries, too, ore not 
insensible of public watchfulness in such cases. 

THE STATE DEBT. 

It is impossible to estimate the State debt, the falsified official 
statements Avhich have so frequently misled the public, each 
one exposing the discrepancy of the other, have completely de- 
fied investigation; Ave only know that bonds, certificates of in- 
debtedness and other forms of State obligations have been 
issued not only in most cases without form of law, but 
without the least attempt to limit the q_uantity or even to 
keep any exact record of the issues. The lion. D. T. Corbin, 
United States District Attorney, and (as I have already men- 



32 

tioned) a leading llepublican State Senator, in liis al)Ie speech 
favoring the re-election of General Grant to the Presidency, July 
4, 18V2, was constrained, in referring to State politics, with hon- 
est indignation, to denounce the frauds of the officials, even while, 
as he remarked, some of them were his personal friends. lie 
there informs us: " That under Governor Orr, (the first Gover- 
nor after the reconstruction,) the bonded debt amounted to 
$5,500,000, and a floating debt of 11,500,000 more, and now, in 
the short period of four years we find the State burdened with a 
bonded debt of about $^16,000,000, and a floating debt of two or 
three millions more." 

After a clear and detailed account of the origin and purpose 
of each Act of the Legislature authorizing the issue of bonds, he 
says: "The amount authorized by the Legislature, as already 
shown you, is ii!4,389,400; substract this amount from the actual 
increase of the debt ($1 6,000,000,) and you will find that, with- 
out the authority of law, there has been added to the State debt 
over $5,500,000." lie further informs us that: " Probably one 
of the most startling facts in connection with this brief financial 
statement, is that our Financial Board have permitted to be sold 
upon the market !l?10, 500,000 of bonds for about :!52,382,000. * 

* * But, in looking through all those various Ap}»ro- 
l)riation Acts, you will find, bj^ comparing them with the expen- 
ditures subsequently made, that the State officers have been gov- 
erned by no law in the expenditure of money. * * * 
They have sjient your money lawlessly, wastefully, and, in my 
judgment, criminally." Mr. Corbin, after showing the frauds 
connected with the Land Commission, in whicli he demonstrates 
tliat but $500,000 were actually paid for the land even after cov- 
ering the immense frauds in the price to be paid by collusion, as 
shown by the deeds of purchases, he says: " Now, if you will look 
into Treasurer Parker's report of the moneys paid out on behalf 
of the Land Commission, you will find he charges to the State 
about $750,000 in cash," leaving unaccounted for a quarter of a 
million of dollars. He gives us one example of the details of 
these purchases by the acquisition of a tract of land called 
"Ilell-llole Swamp;" a suggestive name for a place of burial of 
the Land Commission as the Cave of Marpeloh is suggestive of 
the good patriarch of the old dispensation. He says: "These 
lands, constituting the swam]»s and forests about it, purchased 
for $120,000. > * * Now, I learn, from reliable 
sources that the money actually paid for this tract was about 
$;:30,000," leaving some one or all of the gentlemen of the Advi- 
sory Board and Land Commission to net the handsome sum of 
$90,000. 



33 

THE SIXKING FUND. 

After treating of the Sinking Fund fraud and that of the Blue 
Ridge ]lailroad, and other frauds, amounting to millions of dol- 
lars, he turns to the ofKcial conduct of the present Governor, 
while filling the double offices of Adjutant-General and Speaker 
of the House of liepresentatives of the State, accusing him of 
having reported an expenditure of $111,000 for services in en- 
rolling the militia, while, in most instances, these organizations 
had been effected through private enterprise, and, therefore, with- 
out expense to the State. That no one knows of any of the labor 
done, and no official report even confirms his proper official a])- 
plication of the money; he further informs us that as Speaker of 
tlie House of Representatives it became his duty to issue pay 
certificates, to defray the salaries of the members and contingent 
expenses, Avhich he gives in detail, as amounting to but |143,808 
in the aggregate. He says: " Now, fellow-citizens, the number 
and amount of pay-certificates issued by Mr. Moses, I am credi- 
bly informed, exceeds the sum of one million dollars." Surely 
here are cases for criminal prosecution, and evidence of the most 
tangible and respectable character. Republican judges and ju- 
ries will not dispute Republican witnesses. 

The report of the Senate Investigating Committee in the Sink- 
ing Fund fraud is now before the Legislature. The President of 
that Board, ex-Gov. Scott, refuses to attend the Committee, ''de- 
claring he would be bothered with no more investigations;"' two 
other prominent members decline to appear, on the technical 
ground that the Committee, having been appointed by the Senate 
only, had no power to compel their attendance. The Committee, 
liowever, report that property which cost the State nearly two 
million dollars was disposed of lor $123,000, and that even this 
sum has been so manipulated by the New York financial agent, 
by various s^ieculative operations for himself and the members 
of the Board, as to be entirely lost to the State. They close their 
report as follows: "It is apparent from wliat the Committee has 
stated that the proceedings of the Sinking Fund Commission, 
since the time of its appointment, have resulted in nothing but 
loss to the State; that the Commissioners of the Sinking Fund 
have sold a large amount of property belonging to the State for 
the purpose of extinguishing the public debt, and have not ex- 
tinguished the public debt to the amount of a single dollar." I 
cannot delay you with a full review of this fraud. The manage- 
ment of it by the report shows, that the property was principally 
sold to agents of the prominent members of the Commission 
themselves, privately, the day after the passage of the Act au- 
thorizing them to sell the property, and constituting them the 
5 



34 

trustees of the same; 13,100 shares, which controlled tlie fran- 
cliisc of the Company, of the Blue Ridge Railroad, which cost 
the State $1,310,000, was sold for one dollar a share, or |13,100, 
to a Mr. Moore, who testifies to the Committee as follows: " I 
bought for myself and others, to wit: Mr. Kimpton (New York 
financial agent), Gov. Scott, Mr. Waterman (Gov. Scott's brother- 
in-law), John J. Patterson (present United States Senator), Tim- 
othy Hurley, Jos. Crews, Dr. Neagle, the Comptroller-General, 
Mr. Parker, State-Treasurer, and three or four others, whose 
names I do not now recall. I think Leslie, State Senator, Avas 
one of them. * * * * * ^: * * 

I think Mr. Chamberlain, Attorney-General, was one of the 
parties for whom I have mentioned I have bought the stock. 
That is to say the three leading Commissioners, who sold the 
stock under those qxiestionable circumstances, were themselves 
])arties to the purchase." And this operation has also cost the 
State millions in addition in the way of fraudulent issues of scrij) 
for bogus indebtedness assumed by the Legislature. 

RAILROAD FRAUDS. 

The Greenville and Columbia Railroad Stock was disposed of 
in the same manner, and with the stock passed the franchise and 
management in the same manner and degree as in the former 
case. The sale was made the day after the bill was passed au- 
thorizing it, with no one permitted to compete. Mr. Moore 
again appears to be the purchasing agent for the officials, who 
informs the Committee that "Mr. Kimpton, the financial agent, 
was indebted to him on previous accounts, and for that reason I 
was induced to go into the purchase. I did not put in any ready 
money at the time of this purchase. I believe the purchase 
money was raised by the sale of the Bonds of the State. The 
sale of the Bonds were made by Mr. Kimpton, so he informs me. 
I understand tlie Bonds he sold were some of those he held as 
financial agent of the State." This statement is fully corrobo- 
rated by Kimpton's receipt and Mr. Gulick's statement to the 
Committee. 

The effect of this transfer in fraud of the State, resulted in a 
greater fraud against the other Stockholders of the Company, 
who have for some time been engaged in contesting, I think, 
over a million of dollars of indebtedness, which these now have 
fraudulently issued for their own private purposes. 



35 

CONCLUSION. 

These statements, verified as they are by official reports, arc 
yet but raeac^re representations of the variety and magnitude of 
the frauds which these State officials are connected with to arouse 
the indignation of even more stolid taxpayers than we have been. 
I liave often thought that the stupendous nature of them and 
their cool effrontery had measurably paralyzed our indignation. 
Many years ago a very irascible farmer, in one of our Western 
States, who was celebrated for his eloquent but irreverent use of 
language when he was excited, was seen driving his wagon into 
town with what had been a load of shelled corn, but which had 
nearly all escaped through a hole which some mischievous person 
had bored in the bottom. The villagers, seeing that the farmer 
,had not yet discovered that a long train of the shelled corn had 
marked the line of his wagon track, and expecting a rich treat 
when he should discover his loss, in the explosion of his wrathful 
profanity, followed him to the store door, at which, to his sur- 
])rise, he first observed the loss of his corn and the eager crowd 
which surrounded him. Sensible of his situation, and fully com- 
prehending what was expected of him, he mounted on the wagon 
seat and said, with bated breath: "Gentlemen,! can't do justice 
to the occasion." 

Gentlemen of the Convention, with many thanks for your 
courtesy and patience in listening to my rather extended re- 
marks, I close by reading the form of a proposed memorial to the 
Congress of the United States, which I shall ask you to refer to 
the proper Committee, hoping for its favorable consideration by 
the Committee, and its adoption by the Convention: and after 
being signed by the officers and members of this Convention, and 
the other taxpayers in the difl:erent Counties of the State, to be 
forwarded to Congress for presentation by a formal Committee 
of this body, who shall be charged also with the duty of present- 
ing our grievances to the President of the United States, and 
asking his official sympathy and co-operation against the frauds 
and misrule which deprives us of the rights of American citizens. 



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